Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-11-30

settlers from such injustice statlng your
belief that this can be done under the pro-
vision which declares that these selections
shall be made under the direction OF the
Secretary of the Interior. ,
"After years of waiting Congress had
failed to empower the department to make
the necessary surveys whereby some Of
the grants might be adjusted, and
NO IMMEDIATE PROSPECT
of such survey was in sight. But law
was passed March 81, 1887, "a States 500
whereby the Secretary Of the Interior was
directed to immediately adjust each OF
the railroad land grants made by
Congress to aid the construction OF
railroads. With an earnest desire
to obey the mandate OF Con-
press to give to the corporations
their every right under the laws, and at
the same time follow the directions gwen
by you to see that ample protection should
be extended to settlers and those seeking
to make settlement on the public lands,
matter which had been so long and so
bitterly overshadowed; / entered upon
most careful consideration OF the whole
subject of the history and law relating TO
land grants and concluded that If the de-
partment was clothed with authority to
make indemnity Withdrawals, as had been
done in so many instances, the exercise OF
that authority was matter entirely with
in sound discretion and not matter Of
legal obligation in any respect; that the
same sound discretion which, in the inter
est of the companies, justified said with
drawals now demanded peremptorily.
IN THE PUBLIC INTEREST
a speedy revocation of the same, and the
most effective way expediting an adjust
meut of the land grants, and doing exact
Justice to the companies guarding and pro-
noting the interests of the settlers also
was to permit the public to enter into
competition with the companies, in the
sections of lands heretofore withdrawn for
indemnity purposes. Accordingly, on May
%, 1887, with your approval, rules were
laid upon the different companies, for
whose benefit Withdrawals had been made,
TO show cause by certain day,
why said withdrawals should not
be revoked. Some of the companies failed
to show cause, and Others filed answers as
serting to the revocation, as they had
received satisfaction of the grant, either in
full, or as far as possible, Others assented
On condition that lands covered by seleC-
tiOns already made should be excepted
from the order Of revocation, and other
companies objected to the order of revOca-
tiOn rs illegal, and as a violation OF char
tered rights. Briefs were filed
and oral argument accorded TO the counsel
OF such companies as desired to be heard,
all of which were fully and carefully con
sidered. as was due the Importance Of the
questions, and the magnitude of the in
terests involved, and on August Il my
views were fully expressed in n decision
rendered in the case OF the Atlantic and
Pacific Railroad Company, which By an
swer and argument raised nearly
ALL THE DIRECTIONS
that were presented in part only by q
number OF other companies. | send here
with copy of the whole text OF that
opinion in which those objections were an
swered seriatlm.
Two dayr later the orders withdrawing
the lands within the indemnity limits, and
reserving the same from settlement were
revoked and the lands restored to the pub
lie domain and to settlement, first in cases
of two companies which had not answered ;
second, in those which answering, assent
ed; the third, in the cases of the companies
which Setup defences coming within the
rulings in the foregoing opinion. In the
Congressional grants to the following rail-
road companies: the Hastings and Dakota,
the st. Paul and Northern Pacific, the
St Paul, Minneapolis and Manitoba,
st. Paul and Sioux City, the Sioux City
and st. Paul, this provided that upon filing
the maps designating the routes OF said
roads aud branches, it shall be the duty Of
the Secretary of the Interior to withdraw
from market the lands embraced within
the provisions Of the act making the grant
In consequence Of this provision these
roads were omitted from the orders OF res
| torations. 1t will he seen from the order
passed in the Atlantic and Pacific case,
and which was applied to the other COM
panies, mWtdtTe muiGdiS, that whilst it
was determined that tho lands in question
should not longer be withheld from appro-
| priation
UNDER THE SETTLEMENT LAWS,
every precautjon possible was taken to pro-
tect the legal rights OF the corporations.
FollOwing this action instructions were
subsequently issued to the commissioner
of the general land cflice 10 detail the
available force, in his office TO the work Of
adjusting the road grants, aud proceeding
as rapidly as possible with the same.
The amount Of land restored to the pub
lie domain through the orders revoking the
Indemnity Withdrawals, is stated by the
Commissioner OF the General Land Office
to he q, 3D., 600 acres.
81 beg to refer to what has been said in
another part OF this report in relation to
the imperative necessity of appropriations
for the surveys without which is complete
adjustment of these railroad grants is not
practicable at an early day"